Attorney Seeks Ruling In Feud Over Executor

July 9, 1985|By Rich Pollack, Staff Writer

A Delray Beach attorney representing the cousin of a man who died while in the custody of Palm Beach County Jail officials said Monday he hopes to end the wrangling over the man`s estate by having his client appointed executor.

Sam Berry, who returned from Haiti on Saturday, said he will ask a judge today to appoint his client, Faride Abraham, 19, to be the executor of Mario Abraham`s estate and thus be the representative in any upcoming legal action.

If appointed, Faride Abraham will replace the director of the Haitian American Community Center, who was appointed before the courts knew Mario Abraham had a relative in the country. Faride lives in Delray Beach, as did Mario Abraham.

Another attorney, Thomas Rolle of Delray Beach, recently returned from Haiti with a letter from Abraham`s family authorizing him to represent the family in any civil action. Berry, however, returned with papers also signed by the family that he says negate the papers given to Rolle.

Berry said Mario Abraham`s family agreed this weekend to have Faride Abraham appointed as the personal representative.

Abraham, who was being held in the Palm Beach County Jail on traffic and petty theft charges, died June 19 from multiple blows to the back of the neck, according to the county medical examiner`s office, which ruled the death a homicide. Three jail guards, who sheriff`s officials said scuffled with Abraham on June 14, have been suspended with pay while the case is investigated.

Berry said he hopes the appointment of his client as personal representative will put an end to the battle between attorneys. Palm Beach County Circuit Judge Edward Rodgers will rule on the issue.

``It does a disservice to finding the truth,`` said Berry, during an afternoon press conference he called. ``It gives an image of greedy and insensitive lawyers fighting over the (estate) of a dead man.``

Berry said the groundwork is set for legal action against the Palm Beach County Sheriff`s Office and Humana Hospital Palm Beaches.

Abraham was taken to the hospital on June 14 and treated and released. He was readmitted on the June 19, where he later died.

``We have already taken steps to let the Sheriff`s Office and the hospital know we have a claim,`` Berry said, pointing out that no lawsuits have yet been filed.

Berry said he was introduced to Faride, the son of Mario`s uncle, by a friend. He said he filed papers with the court asking that his client be appointed the personal representative of Mario Abraham`s estate a few hours before Rodgers appointed Chantal Thomas, the director of the Haitian American center in West Palm Beach, to the position.

Because of a clerical error, Rodgers did not know Berry had filed the papers, Berry said.

Robert Fallon, the West Palm Beach attorney representing the center, said he was not told that Berry would attempt to have Faride Abraham appointed the personal representative.

``He better give me notice of what he`s doing,`` said Fallon, when informed Monday that Berry planned to appear before Judge Rodgers this morning.

In the past, Fallon has said Thomas` position as court-appointed estate representative would not supercede the legitimate claim of Abraham`s next of kin. He said he would want to see proof that the person is indeed a family member.

Berry said he made his first trip to Haiti to obtain proof that Faride Abraham was in fact a relative of Mario Abraham.

He said he talked to Faride`s family, but did not talk to Mario Abraham`s parents on his first visit.

Berry said he later learned that Rolle`s representative had visited the family and received a letter authorizing Rolle to represent them.

He said that permission was revoked after the family learned Faride Abraham had retained Berry.